745. Adulteration  and misbranding of butter.     TJ.  S. v.  167  Cases  of Butter.
Consent decree of condemnation.    Product released under bond.    (F. D. C.
No. 3546,    Sample No. 52268-E.)
On December 3, 1940, the United States attorney for the Southern District of 
California filed a libel against 167 cases of butter at San Diego, Calif., alleg- 
ing the article had been introduced in interstate commerce on or about 
November 24, 1940, by the Commercial Creamery Co. from Spokane, Wash.; 
and charging that it was adulterated and misbranded. The article was labeled 
in part: "Packed for the American Poultry & Provision Company, San Diego, 
Stanley Brokerage Co., Los Angeles, Calif."
It was alleged to be adulterated in that a product containing less than 80 
percent by weight of milk fat had been substituted for butter. It was alleged 
to be misbranded in that it was labeled "Butter," which was false and mis- 
leading since it contained less than 80 percent of milk fat.
On December 23, 1940, H. W. Stanley, trading as the Stanley Brokerage 
Co., claimant, having admitted the allegations of the libel, judgment of con- 
demnation was entered, and the product was ordered released under bond 
conditioned that it should not be sold or disposed of in violation of the law.